[Pick the date] / COUNtY OF LOS ANGELES DISTRICT ATTORNEY’S OFFICE REPORT


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COUNtY OF LOS ANGELES DISTRICT ATTORNEY’S OFFICE REPORT /

Every year in Los Angeles County,thousands of children are reported to law enforcement and child protective serviceagencies as victims of abuse and neglect. Dedicated professionals investigate allegations of sexual abuse, physical abuse, and severe neglect involving our most vulnerable citizens, our children. All too often, the perpetrators of these offenses are those in whom children place the greatest trust – parents,grandparents, foster parents, guardians,teachers, clergy members, coaches, andtrusted family friends. The child victim is aprimary concern of the District Attorney's Office throughout the prosecution process. Skilled prosecutors are assigned to handle these cases, and victim/witness advocates are readily available to assist the children. District attorney personnel have the best interests of the child victim or witness in mind. Protection of ourchildren is, and will continue to be, one of the top priorities of the District Attorney's Office.

The District Attorney's Office becomes involved in child abuse cases after the cases are reported to and investigated by the police. Special divisions have been created in the District Attorney’s Office to handle child abuse cases. Highly skilled prosecutors with special training in working with children and issues of abuse and neglect are assigned to thesedivisions. These prosecutors attempt to make the judicial process easier and less traumatic for the child victim and witness. Additionally, there are trained investigators from the District Attorney’s Bureau of Investigation and skilled victim service representatives of the Victim/Witness Assistant Program who work with the prosecutors to ensure justice for the youngest victims of crime.

The District Attorney's Office prosecutes all felony crimes and all juvenile delinquency offenses committed in Los Angeles County, and misdemeanor crimes in the unincorporated areas of the county or in jurisdictions where cities have contracted for such service. Felonies are serious crimes for which themaximum punishment under the law is either state prison or death; misdemeanors are crimes for which the maximum punishment is a fine and/or county jail. Cases are referred by law enforcement agencies or by the Grand Jury. The District Attorney’s Office is the largest local prosecuting agency in the nation with 2,134 permanent employees and 80 temporary employees. Of the permanent employees, 972 are full-time attorneys and 42 are part-time attorneys. In 2009, the District Attorney’s Office reviewed 93,275 felony cases; 59,040 were filed and 34,749 were declined for filing. The District Attorney’s Office reviewed 147,320misdemeanor cases; 129,091 were filed and 18,229 were declined for filing.

THE DISTRICT ATTORNEY
AND CHILDREN IN THE CRIMINAL JUSTICE SYSTEM

Because children are among the most defenseless victims of crime, the law provides special protection for them. Recognizing the special vulnerability and needs of child victims, the District Attorney's Office has mandated that all felony cases involving child physical abuse and endangerment, child sexual abuse and exploitation, and child abduction are vertically prosecuted. Vertical prosecution involves assigning specially-trained, experienced prosecutors to handle all aspects of a case from filing to sentencing. In some instances, these deputy district attorneys (DDA) are assigned to special divisions (Family Violence Division, Sex Crimes Division, Child Abduction Section, or AbolishChronic Truancy). In other instances, the DDAs are designated as special prosecutors assigned to the Victim Impact Program (VIP) in Branch Offices (Airport, Alhambra, Antelope Valley, Compton, Long Beach, Norwalk, Pasadena, Pomona/Child Advocacy Center, San Fernando, Torrance/South Bay Child Crisis Center, and Van Nuys) or the Domestic Violence Unitwithin the Central Trials Division. Deputies with specialized training handle the sexual assault cases adjudicated in Juvenile Delinquency Court.

The vast majority of cases are initiallypresented to the District Attorney’s Office by a local law enforcement agency. When these cases are subject to vertical prosecution under the above criteria, the detective presenting the case is directed to the appropriate DDA for initial review of the police reports. In cases where the child victim is available and it is anticipated that the child's testimony will be utilized at trial, it is strongly encouraged that a pre-filing interview is conducted involving the child, the assigned DDA, and the investigating officer because it is essential to establish rapport between the child and the DDA assigned to evaluate andprosecute the case. In cases alleging sexual abuse of a child, the interview is required absent unusual circumstances. The interview provides the child with an opportunity to get to know the prosecutor and allows the prosecutor theopportunity to assess the child's competency to testify. The court will only allow the testimony of a witness who can demonstrate that he or she has the ability to recollect and recall, and can understand and appreciate the importance of relating only the truth while on the witness stand. Ordinarily, this is established by taking an oath administered by the clerk of the court. The law recognizes that a child may notunderstand the language employed in theformal oath and thus provides that a child under the age of 10 may be required only to promise to tell the truth [Evidence Code (EC) §710]. The pre-filing interview affords the DDA an opportunity to determine if the child is sufficiently developed to understand the difference between the truth and a lie, knows that there are consequences for telling a lie while in court, and can recall the incident accurately.

The pre-filing interview will also assist in establishing whether the child will cooperate with the criminal process and, if necessary,testify in court. The victim of a sexual assault (whether an adult or child) cannot be placed in custody for contempt for failing to testify [Code of Civil Procedure (CCP) §1219]. If the child who is the victim of sexual assault does not wish to speak with the deputy or is reluctant to commit to testifying in court and his or hertestimony is required for a successful prosecution, then the child's decision will be respected. In all cases involving a child victim, every effort will be made to offer support to the child through the presence of an advocate from the District Attorney's Office’s Victim/Witness Assistance Program. The victim service representative will work closely with the child and the child'sfamily (if appropriate) to ensure that they are informed of the options and services available to them, such as counseling or medicalassistance.

Similarly, in domestic abuse cases where the child is victimized, the victim cannot be placed in custody for failing to testify (CCP §1219). Domestic violence does occur between teenagers or an adult in a domestic relationship with a person under the age of 18. The District Attorney’s Office will make every attempt to secure the victim’s cooperation by utilizing all available resources in order to keep the victim safe. Resources include referrals from District Attorney’s Office victim servicerepresentatives to domestic violence counselors or medical practitioners.

After reviewing the evidence presented by the investigating officer from the lawenforcement agency, the DDA must determine that four basic requirements are met before a case can be filed:

  1. After a thorough consideration of allpertinent facts presented following a complete investigation, the prosecutor is satisfied that the evidence proves that the accused is guilty of the crime to be charged.
  2. There is legally sufficient, admissibleevidence of the basic elements of the crime to be charged.
  3. There is legally sufficient, admissibleevidence of the accused's identity as the perpetrator of the crime charged.
  4. The prosecutor has considered theprobability of conviction by an objective fact-finder and has determined that the admissible evidence is of such convincing force that it would warrant conviction of the crime charged by a reasonable andobjective fact-finder after hearing all the evidence available to the prosecutor at the time of charging and after considering the most plausible, reasonablyforeseeable defense inherent in the prosecution evidence.
    If a case does not meet the above criteria, the DDA will decline to prosecute the case and write the reasons for the declination on adesignated form. The reasons can include, but are not limited to:
  • A lack of proof regarding an element of the offense.
  • A lack of sufficient evidence establishing that a crime occurred or that the accused is the perpetrator of the offense alleged
  • The victim is unavailable or declines to testify or
  • The facts of the case do not rise to the level of felony conduct

When the assessment determines that at most misdemeanor conduct has occurred, the case is either referred to the appropriate city prosecutor's office or, in jurisdictions where the District Attorney prosecutes misdemeanor crimes, the case is filed as a misdemeanor.

Once a determination has been made thatsufficient evidence exists to file a case, the DDA will employ special provisions that are designed to reduce the stress imposed upon a child during the court process. When a child under the age of 11 is testifying in a criminal proceeding in which the defendant is charged with certain specified crimes, the court, in its discretion, may:

Allow for reasonable breaks and relief from examination during which the child witness may leave the courtroom [PC §868.8(a)]

  • Remove its robe if it is believed that such formal attire may intimidate the child [PC §868.8(b)]
  • Relocate the parties and the courtroom furniture to facilitate a more comfortable and personal environment for the child witness [PC §868.8(c)]
  • Provide for testimony to be taken during the hours that the child would normally be attending school [PC §868.8(d)]
  • These provisions come under the general directive that the court " shall take specialprecautions to provide for the comfort and support of the minor and to protect the minor from coercion, intimidation, or undue influence as a witness. . . ." provided in the Penal Code (PC §868.8).
  • There are additional legal provisionsavailable to better enable children to speak freely and accurately of the experiences that are thesubject of judicial inquiry:
  • The court may designate up to twopersons of the child's own choosing for support, one of whom may accompany the child to the witness stand while the second remains in the courtroom [PC §868.5(a)]
  • Each county is encouraged to provide a room, located inside of, or within areasonable distance from, the courthouse, for use by children under the age of 16 whose appearance has beensubpoenaed by the court [PC §868.6(b)]
  • The court may, upon a motion by the prosecution and under limited circumstances, permit a hearing closed to the public [PC §§868.7(a) and 859.1], or testimony on closed-circuit television or via videotape (PC §1347)
  • The child must only be asked questions that are worded appropriately for his or her age and level of cognitive development [EC §765(b)]
  • The child must have his or her age and level of cognitive development considered in the evaluation of credibility (PC §1127f); and the prosecutor may ask leading questions of the child witness on direct examination [EC §767(b)]

SPECIALLY TRAINED PROSECUTORS WORKING WITH CHILDREN IN THE CRIMINAL JUSTICE SYSTEM

DDAs who are assigned the challenge of prosecuting cases in which children arevictimized receive special training throughout their assignment to enhance their ability to effectively prosecute these cases. These DDAs work very closely with victim servicerepresentatives from the Los Angeles County District Attorney's Victim/Witness Assistance Program and other agencies to diminish the potential for additional stress and trauma caused by the experience of the child'sparticipation in the criminal justice system.

The District Attorney’s Office has longrecognized that the key to successfulprosecution is constant communication withvictims during the criminal court process. DDAs who vertically prosecute cases are responsible for keeping victims and their parents or guardians apprised of court dates, disposition offers, and sentencing. In 2009, voters enacted Proposition 9 – Marsy’s Law, which amended the California Constitution, Article 1, Section 28. This constitutional provision enumerates certain victim’s rights. The District Attorney’s Office promptly instituted procedures to satisfy the legal requirements for all criminal cases to ensure that victims remained informed about the criminal court proceedings.

SPECIAL DIVISIONS AND PROGRAMS

The District Attorney's Office has formed a system of special divisions and programs designed either specifically for the purpose of, or as part of their overall mandate, to recognize the special nature of prosecutions in which children are involved in the trial process as either victims or witnesses.
Abolish Chronic Truancy

The Abolish Chronic Truancy Program (ACT) is a District Attorney’s Office crime prevention/intervention program that enforces compulsory education laws by focusing on parentalresponsibility and accountability. ACT targets the parents and guardians of elementaryschool-aged children who are habitually truant and those who are in danger of becominghabitually truant. By addressing the problem early, during a stage of development whenparents have greater control over the behavior of their children, the chances of students developing good attendance habits are increased. Likewise, the likelihood of truancy problems emerging in middle and high school years, a leading precursor to juvenile delinquency and later adult criminality, are decreased. Losing days of learning in elementary school years can cause children to fall behind in their education. It is often difficult for these truant students to catch up and compete academically with their peers. When successes for a student are few at school, attendance predictably drops, and the cycle of truancy becomes entrenched. This, in turn, drastically increases a student’s likelihood of dropping out of high school.

ACT partners with elementary and middle schools throughout Los Angeles County. Among ACT’s goals are promoting a greaterunderstanding of the compulsory education laws, increasing the in-seat attendance ofchildren at school, and making appropriate referrals to assist families who are not incompliance with school attendance laws. Through a series of escalating interventions, the message consistently conveyed byrepresentatives of the District Attorney’s Office is that parents must get their children to school every day and on time because it is good for the child and for the community, and because it is the law. ACT seeks to reform not only theattendance habits of individual students, but to redefine the “school’s culture” of “zero tolerance” for school truancy. ACT is now in partnership with almost 400 schools in Los Angeles County, representing 29 school districts. The 2008-2009 school year was the first full year that ACT was available in previously unserved school districts in the Antelope Valley.

The fourth annual Countywide Chronic Truancy Symposium was held in February 2010. It represented collaboration between manydifferent public and governmental agencies in Los Angeles, including the:

  • District Attorney’s Office
  • City Attorney’s Office of Los Angeles
  • Los Angeles County Office of Education
  • Los Angeles County Police Department
  • Los Angeles Police Department
  • Los Angeles Unified School District
  • Los Angeles Unified School Police Department
  • Probation Department
  • Sheriff’s Department and
  • Superior Court

This annual event has consistently been overwhelmingly successful and always drawsprofessionals from a myriad of agencies,departments, and organizations. The idea for the symposium originated with the District Attorney’s Office’s ACT Program. ACT personnel took the primary role in its planning. Planning for the 2011 Symposium is currently underway.

Child Abduction section

Child abduction cases involve cross-jurisdictional issues covering criminal,dependency, family law, and probate courts. The victim of the crime is the lawful custodian of the child. It is essential for the abducted child to be treated with particular sensitivity and understanding during the prosecution of these cases. The Child Abduction Section handles all child abduction cases under PC §§278 and 278.5, which include stranger, parental, relative, and other cases. In addition, the Child Abduction Section handles all cases arising under the Hague Convention on the Civil Aspects of International Child Abduction. Signatorycountries to this international treaty require that children be returned to their country of habitual residence under specified court procedures. California law has granted District Attorneys the authority to take all actions necessary, using criminal and civil procedures, to locate and return the child and the person violating the custody order to the court of proper jurisdiction.

Services available to the public are explained on the District Attorney’s Office’s website ( The questionnaire that must be completed to obtain Family Code services may be downloaded and filled out in the privacy of the home and then brought to our downtown office located at 320 W. Temple Street, Suite 780, Los Angeles, CA 90012.

At the end of 2009, the Child Abduction Section was pursuing abductors in 313 open criminal cases. During 2009, district attorney investigators initiated 216 new cases under the Family Code, while closing 211 cases. At the conclusion of 2009, the Child Abduction Section was pursuing abductors on behalf of the Family Court in 57 open cases.

Under the terms of the Hague Convention, the Child Abduction Section assisted in the location and recovery of children abducted from other countries and brought to Los Angeles County in 18 cases. The Child Abduction Section also assisted 22 county residents in recovering their children from other countries through the use of the treaty.

The Child Abduction Section conducted numerous training sessions for law enforcement and others throughout 2009. A key purpose of the training sessions was to overturn the common misconception that a parent cannot becriminally prosecuted for abducting his or her own child. The training was designed toprovide the necessary information to first responders and investigating officers in order to properly investigate and file these serious felony cases with the Child Abduction Section.